Southern Manitoba school division failed to protect former student from sexual assault, lawsuit alleges

A former student is suing a school division in southern Manitoba alleging it failed to protect him from being preyed upon and repeatedly sexually assaulted by a staff member in the early '00s. 

The plaintiff alleges he's suffered post-traumatic stress disorder, alcohol addiction, depression, mistrust of men and authority figures, night terrors and more as a result of the abuse that occurred at a secondary school in the rural municipality of Hanover, a lawsuit said. 

The 11-page statement of claim, filed in Winnipeg's Court of King's Bench last week, said the Hanover School Division was negligent and failed to prevent and investigate the activities of the perpetrator once they became aware of the assaults. 

The school division, which is based out of Steinbach, Man., approximately 50 kilometres southeast of Winnipeg, also failed "to employ reasonable safeguards to ensure the plaintiff was safe" and "tried to hide the perpetrator's actions and others affiliated with the defendant who had harmed children," the lawsuit said. 

The plaintiff, who CBC has not named to protect his identity, was eight years old when the staff member was granted a position of power to provide guidance to the youth between the years 2000 and 2002, the claim said. The alleged acts of abuse happened in conjunction with school-related activities. 

The lawsuit said the school employee used his authority to ensure the plaintiff did not report his wrongdoing and engaged in a behavioural pattern which intended to make him feel that it was unsafe to speak up. 

"The perpetrator willfully and/or negligently inflicted pain and suffering, mental suffering, humiliation, and degradation upon the plaintiff, sexually assaulted the plaintiff and interfered with the plaintiff's normal childhood and future relationships solely for the purpose of his own gratification," the statement of claim said. 

The staff member's behaviour was a breach of the duty of care and fiduciary duty owed to the plaintiff, the lawsuit said. He had a responsibility to "make a difference in the lives of children by providing a clean and organized space for youth."

The school division had the duty to investigate when they knew or ought to have known the sexual abuse was happening and failed to supervise the activities involving the staff member and child in a way that could have prevented the abuse, the lawsuit said. 

The division allegedly did not do a thorough background check on the staff member before he was hired at the school and did not document, discipline, terminate and inform his immediate supervisors of his actions. 

The division denied or was "willfully blind" to the allegations of abuse and implemented and maintained a system that was designed to cover up the existence of such behaviour, the statement said. 

Division staff also failed to counsel and support the child once they knew he had been assaulted and is vicariously liable for the perpetrators actions, the suit claims.

CBC reached out to the Hanover School Division on Saturday but did not receive a response before publication.

The abuse has impacted the plaintiff's emotional, physical and mental health, and impacted him financially. He continues to access counselling and medical treatment, according to the lawsuit. 

"The conduct of the defendant described herein was harsh, high-handed and malicious" and "should be punished with aggravated, exemplary and/or punitive damages," the lawsuit said.

None of the allegations have been proven in court and no statement of defence has been filed.